According to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, an FIR and a chargesheet are two different and sequential steps of a criminal case. An FIR is an important first document in the criminal process and the chargesheet is the final report of investigation that is submitted to the court by the police officer or the investigator after the completion of investigation.
Under the BNSS, 2023 an FIR is intended to start criminal proceedings so as to set down the information concerning the commission of the cognizable offence; the charge sheet is filed at the end of the investigation in order to give an account of the findings and to bring the investigation to a close. It is necessary to understand the difference between the charge sheet and the First Information Report (FIR) since these are two important written documents which signify the transition from a police enquiry to judicial proceedings. For legal assistance in criminal matters, individuals may consult a criminal lawyer.
What is an FIR?
Definition
An FIR (First Information Report) is the initial record of a cognizable offense as specified in Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and is prepared by an officer-in-charge of a police station. If the information is given orally, the police officer must reduce it to writing, read it back to the person providing it, and obtain their signature. An e-FIR can be filed by the police officer, who must record the information and obtain the informant’s signature within three days if the information is transmitted electronically.
Purpose of FIR
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, states that the main object of the first information report is to link the crime that has been reported to the formal criminal justice system. The main aim of the FIR is to set up the criminal justice system by enabling the police officer to carry out investigations with the magistrate’s permission, except in the case of Section 175, which allows the police to carry out investigations without such a magistrate’s order.
What is a Charge Sheet?
Definition
The filing of a First Information Report creates an official record of the cognizable offense which the informant reports immediately after the incident takes place. This enables the police to take action immediately and at the same time prevents the accused from committing further offenses or altering the evidence. It is also important to ensure the protection of the rights of both the informants and the victims.
A charge sheet, which may also be referred to as a “Police Report”, is prepared by the police officer in accordance with Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and it is the report that the police officer or the investigator forwards to the competent magistrate when the investigation has been completed. The police report together with the other material helps the court to decide if there is enough basis for proceeding against the accused and, where suitable, for drawing up charges.
In short, the submission of the chargesheet means that the investigation has been completed; although the time limit depends on the kind and seriousness of the case, it must still be filed within the time frame provided by the Bharatiya Nagarik Suraksha Sanhita, 2023. When the investigation has been finished, the police officer had better prepare the chargesheet with the competent magistrate.
Contents of a Chargesheet (Police Report)
Under Section 193, the police report forwarded to a Magistrate must include:
Name and address.
- Date, time, and location of the incident.
- The facts of the incident.
- Names and descriptions of persons involved.
- Witnesses, if any.
A police officer is noting that any part of a witness statement should be excluded if, in their opinion, it is irrelevant or if revealing it is not in the public interest.
Purpose of Chargesheet
The main purpose of presenting a charge sheet to the court is to help the magistrate decide whether or not formal charges should be preferred against the accused or whether the accusations are without foundation.
For better understanding, please read our blog on Charge Sheet
FIR vs Charge Sheet: Key Differences
Basis | FIR | Chargesheet |
Meaning | An FIR (First Information Report) is the earliest form and the first information of a cognizable offence recorded by an officer-in-charge of a police station as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). | A charge sheet, also known as a “Police Report,” is filed under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the police officer. It is the report that the police officer or investigator submits to the competent magistrate once the investigation is finished. |
Filed By | Informant/Victim/Any person | Police officer |
Filed Before | Police Station | Court (Magistrate) |
Stage of Criminal Case | Initial Stage | End of investigation |
Legal Effect | Sets the criminal law in motion | Enables the magistrate to take cognizance |
Contents | Your name and address. Date, time, and location of the incident. The facts of the incident. Names and descriptions of persons involved. Witnesses, if any. | FIR details Names of accused persons Nature of offences alleged Witness statements Documentary evidence Medical reports Forensic reports Seizure memos List of exhibits Opinion of the Investigating Officer |
What Happens After an FIR is Filed?
Once a FIR is registered, the police begin probing the complaint. They try to find out what happened, and collect information relating to the incident. This can be anything from documents to CCTV footage, messages, photographs or any other evidence. Police also call upon witnesses and take statements from them. They can go to the location of the event, if required. An accused person may be taken into custody when the police deem it necessary and when it is provided by law. But, police aren’t necessarily going to arrest the accused even if an FIR is filed against them. Once the investigation is concluded police will proceed with the next step in accordance with the law.
What Happens After Filing The Charge Sheet?
After filing the charge sheet, the court reviews the material placed before the court. When it is found by the court that there is sufficient cause, it may take cognizance over the offence. The accused then has to come before the court for the procedure. Before framing charges, the court can listen to the evidence and both sides. The criminal trial process is then commenced once the charges have been framed. At the trial, both sides have the chance to present their case and witnesses are questioned. The court reviews the evidence and arguments and makes a decision. Last, the judiciary passes judgment on the defendant and finds him guilty or not guilty.
What Are The Deadlines For Submitting A Charge Sheet?
The deadline will depend on the kind and seriousness of the case, but the charge sheet must be submitted within the time frame specified in the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
In summons cases the investigation must be finished within six months; in cases where the penalty is death, life imprisonment or imprisonment for ten years or more the investigation must be completed within ninety days; in all other cases the investigation must be completed within sixty days.
In the case of other offences, the investigation must be completed without any unnecessary delay; and in the case of sexual offences (under sections 64, 65, 66, 67, 68, 70 and 71 of the BNS, 2023) and POCSO (Prevention of Children from Sexual Offences Act) cases it must be completed within two months from the date on which the FIR is filed.
The accused has the right to obtain default bail if the police officer fails to file a chargesheet within the time allowed. This means that the accused has an inalienable right to be released on bail in the event that the police officer does not file a chargesheet within the time allowed. So long as he has not filed a bail application, the accused will stay in custody. The court should pass an order directing that no further inquiry be carried out in summonses cases.
Can an FIR Be Filed Without a Charge Sheet?
As we discussed earlier, filing a formal complaint initiates an investigation. However, not every case makes it to the chargesheet phase. In a few instances, for example, a police officer must perform a preliminary inquiry to ascertain whether prima facie exists before conducting a formal investigation for offences carrying a sentence of three years or more but less than seven years. The police officer may close the case by submitting a “Closure Report” in accordance with section 193(3) if prima facie is not established.
If a police officer finds insufficient evidence to continue the investigation, he files a closure report, also referred to as a police report. If there is insufficient proof, inaccurate information, or no prima facie, a closure report will be filed by the police officer. The police officer is required to notify the informant when the closure report is filed.
Police officers must follow the process outlined in BNSS, 2023, section 189, if there is insufficient proof. The accused must be released on bond for appearance by the police officer in accordance with Section 189 of the BNSS, 2023. It stipulates that the accused must appear before the magistrate whenever the magistrate wants it.
Can a Charge Sheet Be Filed Without an FIR?
As a general rule, a charge sheet is drawn up by the police upon the filing of FIR in cognizable crimes. But the procedure of arrest by criminal courts can also be initiated without the issuance of a police FIR in some cases.
A person can, for instance, directly file a Private Complaint with a Magistrate. The Magistrate may look into a complaint, and if suitable, act pursuant to the appropriate provisions of the BNSS. The Magistrate may also send the police to make an investigation pursuant to the law.
In this situation, the proceeding is commenced under a complaint in the presence of the Magistrate and not from an FIR registered beforehand by the police. In a traditional FIR based charge-sheet, the proceeding should not automatically be called a charge sheet till the time that the investigation is carried out depends on the nature of the order passed by the Magistrate.
Common Misconceptions About FIRs and Charge
- An FIR does not prove guilt: An FIR records information relating to an alleged offence is not an admission of guilt. No one can tell from it alone that the accused was the one who committed the offence.
- A charge sheet does not mean conviction: A charge sheet provides only that the police, after investigation, feel there is sufficient information to proceed to court. The conviction or acquittal of the accused is a matter for the court’s discretion. Once the police report is filed, the case may be taken up by the court and the case can be controlled by keeping in view the material and proceed as per law.
- Investigation and trial are different stages: the investigation is led by the police and the verdict is given by the judicial branches.
- An FIR can end without a charge sheet: If there is no strong enough evidence, police might issue a closure/final report in the absence of a charge sheet.
Why Legal Assistance Is Important During
If a person is under criminal investigation he or she may need legal aid to guide him or her through the investigation and clerify his or her rights and responsibilities. A lawyer also can provide guidance to the accused when they’re contacted by the police and are subject to an investigation, questioning, search or other notices from the police.
At the very start of the matter a criminal lawyers in Bangalore will be able to take an assessment of the allegations and points of evidence available, look for any potential weaknesses in the prosecution’s case and prepare an appropriate strategy for defence of that case. If a person has been arrested or is liable to be arrested, legal support may be crucial to release an individual on bail and argue the grounds to the court.
Conclusion
An FIR (First Information Report) is the first document registered by the police after the information about the commission of a cognizable offence, which sets the investigation in motion. In contrast, the charge sheet is filed by the police officer before the Magistrate after the completion of the investigation. Knowing each step of the criminal process from the stage of FIR, arrest and investigation to the stage of bail and trial is useful to safeguard constitutional rights, avoid self-incrimination and ensure procedural safeguards such as timely access to documents and bail are followed strictly. Criminal law proceedings are complex and involve huge liberty risks. In the event that you have been exposed to a criminal case, or someone you know is, it is crucial to acquire legal expert advice as early as possible to defend your fundamental rights and set a solid protection. When an individual is involved in a criminal case the right legal consultation on time from a competent criminal defense lawyer could help the individual understand where to stand and what should be done.
Frequently Asked Questions
1. How long does the police have to file a charge sheet?
The police should file a charge sheet within 60 to 90 days
2. What happens if the police fail to file a charge sheet within the legal time limit?
If the police officer fails to file a charge sheet within the stipulated time, the accused will be entitled to default bail.
3. Can a criminal case continue without a charge sheet?
No, a criminal case cannot proceed without a charge sheet. But if a criminal case is initiated via private complaint to the Magistrate, then a police report is not required.
4. Does filing a charge sheet mean the accused is guilty?
NO, filing a chargesheet does not mean the accused is guilty.
5. Can an FIR be quashed after it is registered?
Yes, after preliminary enquiry, if the police officer does not find sufficient ground to continue investigation or if prima facie is not found, then the police can file a closure report and quash the FIR.
6. Can a court reject a charge sheet filed by the police?
Yes, a court (Magistrate) has full authority to reject or disagree with a charge sheet filed by the police.
7. Should I hire a lawyer after an FIR or only after a charge sheet is filed?
You should hire a lawyer immediately after an FIR is registered, rather than waiting for a charge sheet to be filed.
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